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(영문) 인천지방법원 2015.10.22 2015노1762
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The defendant above.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.

2. Prior to the judgment on the grounds of appeal, prior to the judgment on the grounds of appeal, the prosecutor examined the defendant ex officio, and the prosecutor applied for amendments to the indictment with the content of "1. Violation of the Punishment of Violences, etc. Act (public property damage, etc.)" as "Special Destruction and Damage", "Violation of the Punishment of Violences, etc. Act (joint property damage, etc.)" as "Special Destruction and Damage", "Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act and Article 366 of the Criminal Act" as "Article 369 (1) of the Criminal Act" as "Article 369 (1) of the Criminal Act", and since this court permitted it, the part of the judgment of the court below against the defendant is no longer maintained.

3. In conclusion, the court below reversed the part of the judgment below against the defendant under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and rendered a decision again as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for the change of the second 8th of the judgment of the court below to “1. Special Destruction and Damage”, and therefore, it is identical to the corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369

Application of Statutes

1. Article 369(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) and Article 314(1) of the Criminal Act, Article 314(1) and Article 30 of the Criminal Act (the point of obstructing business operations at around 11:00 on August 19, 2014) (the point of obstructing business operations at around 12:00 on August 19, 2014), the choice of each fine

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The victim and C corporation in the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.

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